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FAQs
Frequently Asked Questions
Family Immigration
Sponsoring relatives, spouses, and children for permanent residency.
Employment Visas
For those who want to work in the US, we cover work visas including H-1B, L-1, and E-2.
Seeking Asylum and Removal Defense
Facing threats in their home country or removal proceedings in the U.S.
FAQs Section #1
Family Immigration
Navigating family-based immigration can be overwhelming. Our Family Immigration FAQ section addresses common questions about sponsoring relatives for permanent residency, the application process for fiancés or spouses, and eligibility for bringing children or parents to the U.S.
Family visas include immediate relative visas (IR) for spouses, children, and parents of U.S. citizens, and family preference visas (F) for other relatives such as siblings and married children of U.S. citizens and lawful permanent residents.
You can bring your spouse to the U.S. through a K-1 fiancé visa if you are not yet married or an IR-1/CR-1 spouse visa if you are already married. The process involves submitting a petition and attending an interview at a U.S. embassy or consulate.
Processing times vary depending on the type of visa and the current workload of U.S. Citizenship and Immigration Services (USCIS). Immediate relative visas typically take less time than family preference visas, which can take several years.
In some cases, family members may be eligible for work authorization while waiting for their green cards. They can apply for an Employment Authorization Document (EAD) once they have an approved petition and are in the U.S. on a valid visa.
FAQs Section #2
Employment Visas
If you’re seeking to work in the U.S., our Employment Visas FAQ section covers the different types of work visas available, including H-1B, L-1, and E-2 visas. Learn about eligibility requirements, the application process, and how long you can stay and work.
There are several types of employment visas available for individuals seeking to work in the U.S. The most common types include:
- H-1B Visa (Specialty Occupations): This visa is for professionals in specialized fields such as IT, engineering, healthcare, and more. It requires at least a bachelor’s degree or equivalent experience, and sponsorship from a U.S. employer.
- L-1 Visa (Intra-Company Transfers): This visa allows multinational companies to transfer executives, managers, or employees with specialized knowledge from a foreign office to a U.S. office. There are two types: L-1A for executives/managers and L-1B for employees with specialized knowledge.
- O-1 Visa (Individuals with Extraordinary Ability): The O-1 visa is for individuals with extraordinary ability in fields like science, arts, education, business, or athletics. Applicants must provide evidence of sustained national or international acclaim.
- E-2 Visa (Treaty Investor Visa): This visa is for nationals of countries that have a treaty of commerce with the U.S. It allows individuals who invest a significant amount of capital in a U.S. business to live and work in the country.
- TN Visa (NAFTA/USMCA Professionals): Available for citizens of Canada and Mexico under the USMCA (formerly NAFTA), the TN visa allows professionals in certain occupations to work in the U.S. for a prearranged employer.
Each visa type has specific requirements, application processes, and restrictions on length of stay. Consulting with an immigration attorney can help determine the best visa for your situation.
To qualify for an H-1B visa, you must have a job offer from a U.S. employer for a specialty occupation that requires a bachelor’s degree or higher in a specific field. The employer must also demonstrate that they are paying the prevailing wage for that occupation.
The process for obtaining a work visa typically involves your employer filing a petition with USCIS. Once the petition is approved, you will need to attend a visa interview at a U.S. embassy or consulate in your home country.
Yes, you can change employers while on a work visa, but your new employer must file a new petition on your behalf. You can begin working for the new employer once the new petition is filed, without waiting for it to be approved.
FAQs Section #3
Seeking Asylum and Removal Defense
For those facing threats in their home country or removal proceedings in the U.S., this section provides essential information. Understand the requirements for asylum, the steps involved in filing a claim, and how to protect yourself during deportation hearings.
To seek asylum, you must file an application (Form I-589) within one year of arriving in the U.S. You will then attend an interview with an asylum officer or a hearing in immigration court, where you must demonstrate that you have a credible fear of persecution in your home country.
If you receive a notice to appear, it is crucial to consult with an immigration attorney immediately. They can help you understand the charges against you, prepare your defense, and represent you in court.
Yes, you can apply for asylum while in removal proceedings by submitting Form I-589 to the immigration court. Your case will be heard by an immigration judge, who will decide whether to grant asylum.
If your asylum application is denied, you may appeal the decision to the Board of Immigration Appeals (BIA). It is important to work with an experienced immigration attorney throughout this process to maximize your chances of a favorable outcome.